BILL ANALYSIS
SB 933
Page 1
Date of Hearing: July 1, 1998
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Dion Aroner, Chair
SB 933 (Thompson) - As Proposed to be Amended
SENATE VOTE : 36-2
SUBJECT : Child welfare services
SUMMARY : Modifies the child welfare services system.
Specifically, this bill :
Assessment process :
1) Eliminates the requirement that the State Department of Social Services
(DSS) develop and implement a level of care assessment by July 1, 1994.
2) States legislative findings that assessments that build on the strength of
the child and family and identify desired outcomes are critical in the
development of appropriate caseplans; that the safety, stability and
permanence of families are of paramount importance for children; and that
the use of multidisciplinary teams has proven to improve the assessment,
case planning and delivery of services to children and families.
3) Requires DSS to collaborate with county placing agencies, consumers,
mental health providers and other interested parties, and by April 1,
1999, develop and distribute a report to county placing agencies with
guidelines on the best practices for assessing children and families
receiving foster care and child welfare services.
4) Specifies the type of information to be included in the assessment and
requires DSS to develop a pilot to test the effectiveness and usability
of the guidelines. Requires DSS by September 1,1999, to solicit county
participation in the pilot program.
5) Requires a report back to the Legislature on the status of the pilots,
including information on how the assessment instrument will be implemented
and how it will be incorporated into the Child Welfare Services Case
Management System.
6) Requires DSS, in collaboration with county placing agencies, training
academies, and the California Center for Social Work Education to
integrate training and technical assistance on the family assessment
guidelines into the curriculum of the regional training academies.
Comments:
1) This bill eliminates the level of care assessment provisions required
under WIC 11467, and creates instead a pilot project intended to develop
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an assessment process or instrument that is determined "effective" and
"usable" by county placing agencies.
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2) The best practice protocols provided for in this bill are intended as
informal guidelines to be used by counties, pending completion of the
assessment pilots and adoption of a formal statewide assessment process.
Assessments under Systems of Care :
1) Requires county mental health departments that receive full system of care
funding to provide mental health screening, assessment, multidisciplinary
treatment teams, and specialty mental health treatment services for
children in group homes. Requires counties to give first priority in
providing these services to children receiving psychoactive medication.
2) Requires the State Department of Mental Health (DMH) to estimate, by April
1, 1999, the resources available to meet the needs of children in group
care, out-of-home care and those at risk of placement in out-of-home care.
Requires the estimate to also identify resource gaps in the delivery of
specialty mental health services.
3) Requires DMH, DSS and the Judicial Council, with input from counties, to
develop a procedure for review of treatment plans for children receiving
psychoactive medication in out-of-home care. Requires the procedure to be
developed by July 1, 1999.
Comments:
1) The Assembly Budget Committee augmented Children's System of Care (SOC) by
$6 million to provide screening, assessments and interagency placement
review. The county mental health directors estimate a cost of $22 million
to implement SOC statewide.
2) AB 2598 (Aroner), heard by the Human Services Committee earlier this year,
establishes a statewide system of health care for children in foster care
and requires mental health assessments within 60 days of a child's
placement in out of home care. In SOC counties this provision could fund
the requirement for the mental health assessment.
Suggested technical amendment :
On page 121, line 21, after "specialty mental" insert: health
Identification of Out-of-Home-Care Resources :
1) Establishes county or regional coordinator positions on a pilot basis in
three counties to provide a link between community care licensing, foster
care rate setting, and placing agencies. Requires the pilot projects to
address issues of confidentiality and potential restrictions on sharing of
information between service systems.
2) States legislative intent to create an efficient and consumer-responsive
system to resolve placement or service delivery problems encountered by
children in the foster care system.
3) Requires DSS to collaborate with county welfare departments, foster care
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consumers and providers, and children's advocates to develop an
independent ombudsman program designed to provide access to the resources
necessary to resolve problems of children in out of home care; to receive
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information regarding the provisions of health, education, and social
services; and, to implement the ombudsman program by January 1, 2000.
Comments:
1) It is unclear what function the county or regional coordinator would
serve, and what problem would be addressed by instituting the pilot
projects. It is also unclear how pilot areas would be selected.
2) The foster care ombudsman was one of the recommendations of the California
Youth Connection (CYC), an organization of current and former foster
youth. CYC proposed an ombudsman for children in out-of-home care to call
when they were having any type of problem. The language is vague
regarding the duties and role of the ombudsman.
Resource development :
1) Establishes the Youth Services Community Development Program (YSCDP) and
Youth Services Program Development Fund (YSPDF) within DSS, including a
technical support unit, in order to initiate a continuum of family
focused, case specific services for children who are at risk of becoming
wards of the court under WIC section 601 or 602, or who are under juvenile
court supervision or supervision of the juvenile probation department.
a) Establishes a multidisciplinary team including DSS, DMH and Board of
Corrections (BOC) to maintain oversight of the program, and issue
grants on a competitive basis.
b) Requires the board of supervisors of any county receiving program
funds to establish a local planning council to meet and to advise the
chief probation officer in program planning and expenditure of funds;
and, prohibits the supplanting YSPDF funds.
c) Requires DSS to make recommendations to the Department of Finance as
to the level of funding to be included in the Governor's budget; and,
provides that federal funds are available to the state for program
development purposes through the YSPDF.
d) Requires an interdisciplinary service delivery approach and specifies
that programs or services shall be offered in a community-based
setting that addresses child and family needs, including services
provided in county operated residential care facilities.
e) Specifies that services provided in this section include mental health
assessment and counseling, family counseling and crisis intervention;
home detention, therapeutic day treatment, aftercare, case management,
shelter care, foster care, and residential group care.
2) Establishes a program that allows DSS to waive regulations to encourage
innovative program design and service delivery at the local level.
a) Declares legislative intent to support alternatives to group home care
through expanding family-based services, expanding group homes'
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capacity to provide services for the changing needs of children in
their care, encouraging collaboration among county departments and service
providers, and ensuring local community participation in the development of
innovative service delivery programs.
b) Allows counties to enter into agreements with private, nonprofit
agencies to encourage innovation in service delivery, to develop
services that are not currently available, and to promote change in
the child welfare services system. Specifies that agreements are for
periods of up to three years.
c) Requires participating counties and service providers to pursue
services that allow children to remain in the least restrictive, most
family-like setting possible and to promote services that address the
needs and strengths of children and their families.
d) Requires participating counties to submit a report to DSS within three
months of the end of the agreement. The report must specify the
details of the agreement, the results achieved, and the applicability
of the approach to a wider population. Requires DSS to make county
reports available to the Legislature upon request.
e) In order to implement agreements, allows the director of DSS to waive
regulations governing foster care payments or the operation of group
homes when the following conditions exist:
i) The agreement offers a test of an innovative approach or
encourages the development of a new service.
ii) The regulatory requirement prevents the implementation of an
agreement.
iii) The county agrees to monitor the agreement through performance
measures that ensure that the purposes of the waiver are
achieved.
f) Requires DSS to attempt to maintain federal funds when granting
waivers. Allows waivers to require a county match in the event
federal funds are lost.
g) Prohibits DSS from waiving regulations that apply to the health and
safety of children.
h) Directs DSS to notify the policy and fiscal committees of the
Legislature when waivers are granted and to identify the reason for
the waiver.
3) Directs DSS to amend the foster care state plan to allow eligible children
up to age 21 to be served by the Independent Living Program.
4) Specifies that state and federal reimbursement for emergency shelter care
is available for 60 days. Requires counties to report, by July 1, 1999
and annually thereafter, on the number of children, the ages of children,
and the circumstances that require stays of longer than 30 days in
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emergency shelter care. Counties must also report on their efforts to
develop additional resources to limit the length of stay in emergency shelter
care.
Comments:
1) Concerns have been raised over how the two program development funds fit
in with the program that allows for waivers of regulations. Concerns have
also been raised as to how each of these programs encourage, impede or
coordinate with the re-examination of the role of group care within the
foster care system. Negotiations are continuing on specific language to
ensure program coordination and collaboration and on the specific purpose
of the program development fund.
2) The provisions that allow waivers of regulations is inconsistent. In the
first sentence it allows counties and service providers to enter into
"contracts" but the rest of the language refers to "agreements."
Suggested technical amendment :
On page 148, line 26, strike "contracts" and insert: agreements
3) AB 1724 (Richter) creates a pilot program to allow counties and service
providers to work outside of the existing rate structure in order to offer
innovative programs to at-risk children. This bill is waiting to be heard
in the Senate Health and Human Services Committee. The author may want to
consider amendments that incorporate the language or concepts of AB 1724
with the provisions that allow waivers of regulations.
Placement protocols and oversight :
1) Requires county social workers or probation officers to visit, at least
monthly, all children placed in group homes by county welfare departments
or county probation departments. Requires the state to pay 100 percent of
the nonfederal costs associated with the monthly visits.
2) Requires DSS to convene a working group to develop protocols outlining the
roles and responsibilities of placing agencies and group homes regarding
placement of children in group homes. Requires DSS to submit a report
containing sample protocols to the Legislature by March 1, 1999.
Specifies that model protocols at a minimum include: health, mental
health and education information; orientation of the child and family to
the out of home care setting; county and provider responsibility in
ensuring that the child receives a timely assessment and appropriate court
review; exit and discharge data, and dispute resolution.
Out-of-state placements :
1) Requires DSS to develop a multi-disciplinary team to review and certify
out-of-state placements, within four months of the enactment of the bill.
2) Requires county social service agencies and probation departments to
include language in any contract, MOU or agreement under the interstate
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compact that allows DSS to investigate any threat to the health and safety
of a child in placement, and to interview the child in private or review
their files.
3) Requires out-of-state residential facilities to meet California licensing
standards.
4) Prohibits the use of any public funds in a residential care facility that
fails to obtain or retain certification by DSS.
5) Authorizes a probation officer to temporarily remove a minor from a
facility if, upon inspection, the officer determines that the facility or
program is not in compliance with the state's licensing standards or those
of the board of corrections for similar programs or facilities.
6) Requires the court to review out of state court orders every six months.
7) Declares that DSS has authority to require the approval of a
multidisciplinary team before placing minors out-of-state.
8) Requires a review of out of state placements after July 1, 2001.
Comments:
1) As of June 1998 California had over 880 probation wards placed out-of-
state in group home facilities. The majority of these placements are
funded with Title IV-E federal foster care dollars, with a state and
county share of cost. DSS currently has no provisions for licensing these
out of state facilities. DSS has not established a foster-care rate for
out of state group home placements, and provides reimbursement at the
highest level of $5,013 per month.
2) The Assembly Budget Committee adopted the following measure:
a) Require DSS in conjunction with the Department of Mental Health and
probation Departments to develop standards for certification of out-of
state facilities by July 1, 1999.
b) Prohibit foster care funding for out-of state placement of children
except in specific circumstances, including the placement with a
relative, placement with an adoptive family, placement pursuant to AB
3632, or other individual circumstances reviewed and approved by DSS.
c) Prohibit foster care funding for children residing in out-of state
facilities not meeting these requirements by January 1, 2000.
3) The Program Development Fund identified elsewhere in this bill is intended
to develop local in-state placement capacity for probation wards currently
housed in facilities out of state.
4) The licensing and certification requirements are intended to provide
health and safety standards for California probation wards currently
housed in out of state facilities. Youth advocates are concerned that
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these provisions will not provide adequate oversight.
5) Some probation departments and judges using out of state facilities
indicate that the appeal of out of state facilities is the ability of
providers to physically restrain probation wards. In California restraint
is only allowed in correctional type facilities.
6) Current law requires court review of out of state placements annually.
7) Proposed amendment : Prohibit any placements out-of-state after July 1,
2000, and allow for exceptions to be specified.
8) Suggested technical amendments : Strike all references to 7911.1 and
insert: 7911
9) The Judicial Council has requested the following amendments:
On page 11, line 11, strike "approval" and insert: assessment and
recommendation
On page 11, line 12, strike "placing" and insert: placement of
State oversight scheme :
1) Includes homes certified by foster family agencies in the types of
facilities for which someone can request an inspection by DSS' Community
Care Licensing Division. Requires the substance of the complaint to be
given to the home and the foster family agency at the time of the
inspection. Requires DSS to begin complaint inspections of certified
family homes upon the employment of personnel, but no later than June 30,
1999. Requires DSS to notify all licensed foster family agencies when the
inspection process begins.
2) Requires applicants for a group home license, once they have satisfied all
other requirements for licensure, to operate with a provisional license
during the first 12 months of operation.
a) Requires DSS to review the facility for compliance with laws and
regulations and help develop a plan of correction after 8 months of
operation. Requires DSS to determine whether the provisional license
should be made permanent after 12 months.
b) Allows DSS to extend the provisional license for up to 6 additional
months if the group home requires additional time to be in full
compliance with licensing standards or if, after 12 months of
operation, the facility is operating at less than 50 percent of its
capacity. Requires DSS to review the facility after 16 months of
operation to determine whether the provisional license should be made
permanent.
c) Clarifies that DSS may deny a group home license application at any
time during the term of the provisional license. If the application
is denied, the group home must cease operation immediately.
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d) Requires DSS to describe the provisional licensing process and provide
the name, address, and telephone number of the district licensing
office as part of its notification to the city or county planning authority.
e) Requires DSS to adopt emergency regulations to implement these
provisions.
3) Requires DSS to establish and preside over a community care facility law
enforcement task force.
a) Requires the task force, by January 1, 1999, to make recommendations
to the Legislature regarding specific statutory and regulatory changes to
permit criminal prosecution of, and recovery of public funds from,
individuals associated with licensed facilities who are involved in
illegal activities surrounding funds paid for the care of individuals in
community care facilities.
b) Requires the task force to make recommendations regarding the duties
of the Fraud Investigation Unit established by the Budget Act of 1998.
c) Requires the task force to evaluate the consequences of their
recommendations on group home providers who do not engage in illegal
activities.
d) Specifies that the task force must include representatives of DSS,
DOJ, law enforcement officers, probation and welfare workers, district
attorneys, providers and current or former foster youth.
4) Requires training of group home and foster family agency licensing
personnel to include a minimum of 24 hours training annually on the unique
needs of children in group homes and foster family homes.
5) Allows DSS to interview children who are clients of group homes at any
public or private agency including a juvenile hall, a recreational or
vocational program, or a nonpublic school. Requires DSS to respect the
rights of the child while conducting the interview and to inform the child
that he or she has the right not to be interviewed and to have another
adult present during the interview.
6) Adds DSS to Penal Code provisions regarding child protective agency
authority to interview children who are suspected victims of child abuse.
Adds the out-of-home care facility to the settings in which the alleged
abuse occurred.
7) Allows DSS or its designee to review juvenile court documents when the
review pertains to the state's role in oversight of the care and
supervision of children in foster care.
8) Establishes a provisional ratesetting system whereby a group home program
will receive a provisional rate for no longer than the first thirteen
months of operation based on the level of care and services the program
proposes it will provide.
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a) Requires determination of the rate classification level (RCL or
permanent rate) based on a program audit that verifies the program
provided the level of care and services proposed. The audit must
cover at least the preceding 60 days.
b) Specifies that group home programs are eligible to receive only the
RCL determined by DSS during any appeal of the department's RCL
determinations.
c) Requires DSS to adopt emergency regulations to implement this section.
9) Requires group home financial records submitted to DSS, including time
cards and time sheets, to be signed and dated by the employee and by the
staff person responsible for ensuring the accuracy of the record.
10) Prohibits group home or foster family agency licensees, employees, members
of the board of directors, and officers from offering gifts or other
remuneration to employees of DSS or placement agencies that exceed the
monetary limits for gifts to employees of the State of California adopted
by the Fair Political Practices Commission.
a) Prohibits employees of DSS or placement agencies from accepting gifts
or remuneration of any type from providers as identified above.
b) Declares that violations of this section are a misdemeanor.
c) Requests that the Judicial Council study whether the California Code
of Judicial Ethics should be amended to further limit or bar gifts
from group home facilities, and foster family agencies to judicial
officers and employees of the court and to report findings to the
Legislature by July 1, 1999.
Comments:
1) It is unclear when DSS is supposed to review a facility that is operating
with an extended provisional license.
Suggested amendment : On page 13, line 37 amend to read: "By no later than
the first day of the 17th"
2) Concerns have been raised that the community care facility law enforcement
task force does not include public defenders.
3) There may be consequences of the recommendations on community care
facilities other than group homes. The author may want to consider
evaluating these potentially unintended effects.
Suggested amendment: On page 152, line 18 strike "group home" and insert:
community care facility
4) The Code of Judicial Ethics establishes standards for ethical conduct of
judges on and off the bench. Canon 2 requires that a judge avoid
impropriety and the appearance of impropriety in all activities. Cannon 4
requires that a judge conduct quasi-judicial and extra-judicial activities
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to minimize the risk of conflict with judicial obligations. Judicial Council
is investigating methods of strengthening existing cannons in order to better
guard against conflicts of interest.
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5) It is unclear whether the requirement for licensing personnel to have 24
hours training per year is in addition to current requirements. Providers
have also expressed concerns that the training topics should specifically
include the emotional and developmental characteristics of children in
out-of-home care.
Quality Assurance within group homes and other community care facilities :
1) Expands criminal background clearance requirements, to include FBI checks,
for all licensed community care facilities, including residential
facilities for children and adults, day treatment programs, adult day
care, foster family agencies, foster family homes, small family homes,
social rehabilitation facilities, community treatment facilities,
residential care facilities for the elderly and for the chronically ill,
and all licensed day care homes and facilities.
a) Requires applicants for licensure, all adults responsible for
administration and supervision of staff, all persons other than
clients residing in a facility, all persons who provide personal care
to residents or clients, and all staff and volunteers who have contact
with clients to submit a set of fingerprints to the Department of
Justice to be sent to the FBI for a background check. This is in
addition to the fingerprints currently required to be submitted for a
California criminal clearance by DOJ.
b) Requires all individuals required to obtain a background check to
submit their fingerprints prior to their employment or initial
presence in the facility.
c) Authorizes DSS to create, by adopting emergency regulations, a
substitute employee registry for providers to have available a list of
individuals who have current clearances.
d) Allows DSS to issue licenses to applicants who meet all other
requirements but are awaiting the FBI results, as long as the
applicant and others required to submit fingerprints sign a statement
that the individual has never been convicted of a crime in the United
States, other than a traffic infraction. Allows DSS to revoke or
suspend the license if it determines that the licensee or other
individual affiliated with the facility has a criminal record.
e) Establishes a civil penalty for licensees of $100 per violation for
failure to submit required fingerprints, and permits DSS to assess
further civil penalties for continued violations.
f) Requires licensees to maintain documentation of fingerprint clearances
or exemptions at the facility.
g) Shortens the required turn-around time from 30 to 14 days for DOJ to
response to a clearance request.
h) Requires DOJ to report to the Legislature by February 15, 1998 on
completion of the backlogged criminal clearance requests.
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i) Requires DOJ to implement an automated live-scan fingerprint
processing system in all CCL district offices by July 1, 1999.
j) Requires DSS to promulgate emergency regulations regarding use of live
scan technology. At the time the technology is operational in the CCL
district offices, requires DOJ to ascertain the criminal history
information within three working days, and requires all individuals to
have a California criminal clearance prior to their initial presence
in a community care facility. If DOJ cannot ascertain the criminal
history information within three days, requires DOJ to notify DSS or
county licensing agencies of that fact.
k) Specifies that changes to the criminal background sections must be
implemented 60 days after the effective date of this bill, except
provisions requiring submission of fingerprints to the FBI, which
shall be implemented January 1, 1999.
2) Establishes a certification program for group home facility administrators
modeled after the certification program for administrators of adult
residential facilities.
a) Allows the program to be paid for out of the Certification Fund.
Appropriates $250,000 for the 98-99 fiscal year to the Fund and
requires DSS to repay the appropriation out of fees collected in the
administration of the program.
b) Requires group home facility administrators to complete a DSS approved
certification program prior to employment.
c) Requires existing facility administrators to be certified within
twelve months of the effective date of the bill.
d) Declares that anyone who misrepresents himself or herself as a
certified administrator of a group home facility is guilty of a
misdemeanor.
e) Requires renewal of the certificate every two years. Renewal is
conditioned upon the certificate holder's completion of 40 hours of
continuing education on topics related to group home administration.
Allows community college course hours approved by regional centers to
satisfy the certification requirements of DSS. Requires all group
home facility administrators to complete continuing education
requirements.
f) Requires administrators to pay a fee of $100 for certification and
subsequent renewal.
g) Requires group home facility administrators to be at least 21 years
old.
h) Requires the State Directors of Social Services, Mental Health and
Developmental Services, in consultation and collaboration with county
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placement officials and provider organizations, to establish a
certification program to authorized individuals, organizations, or
educational institutions to conduct certification training programs or
continuing education courses.
i) Requires DSS to establish a registry of certified group home program
administrators that includes, at a minimum, information on employment
status and criminal record clearance.
j) Requires DSS to adopt emergency regulations to implement the
administrator certification program.
3) Requires group home providers, in order to receive a rate, to schedule and
conduct board meetings at least quarterly in order to review documents
including licensing reports, special incident reports, and notices of
administrative action against the licensee or its employees. Requires
group home providers to make minutes of board meetings available to DSS.
a) Requires DSS and DOJ, in consultation with group home providers, to
develop and distribute to group home providers information on the
roles and responsibilities of board members including financial
responsibilities, disclosure requirements, legal requirements and an
overview of the laws and regulations governing group homes. Requires
group home board members, as a condition to receiving a rate for the
program, to sign a form indicating that they have read and understood
the information.
b) Requires facility operators to give inspection reports to all board
members, parents, legal guardians, conservators, client's rights
advocates, or placement agencies under specified circumstances.
4) Requires group homes to make copies of all licensing reports issued within
the past three years available for inspection by placement officials,
clients, and clients family members.
5) For all licensed community care facilities including residential
facilities for children and adults, day treatment programs, adult day
care, foster family agencies, foster family homes, small family homes,
social rehabilitation facilities, community treatment facilities,
residential care facilities for the elderly and chronically ill, and all
licensed day care homes and facilities:
a) Requires corporations applying for licensure as a community care
facility to notify DSS of any other facilities that board members have
operated, been employed in, or served in as board members.
b) Allows DSS to deny or revoke a provisional or permanent license from
corporate applicants that have board members who were excluded from
another facility.
c) Clarifies that violations that exclude a person from a facility also
apply to board members.
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d) Clarifies that a provider whose license was revoked or denied within
the past two years is prohibited from serving on the board of
directors of any licensed facility.
e) Adds financial malfeasance in the operation of a facility to the list
of violations that result in someone being excluded from a facility
and that lead to a suspension or revocation of a license.
f) Specifies that prior to taking action, DSS must notify the applicant
or licensee of the person's ineligibility to serve on the board and
give the applicant or licensee 15 days to remove the person from his
or her position.
6) Declares legislative intent that group homes either include specified
representatives on their boards of directors or establish community
advisory boards. The representatives on either the board or community
advisory board should include, a member of the board of directors, members
of the community where the facility is located, neighbors, current or
former clients, and a representative of the local law enforcement agency
or other city or county representative.
7) Requires DSS, in consultation and collaboration with county placement
officials, provider organizations, the Department of Mental Health (DMH),
and the Department of Developmental Services (DDS) to adopt emergency
regulations to establish standardized training and continuing education
curricula for facility managers and direct child care workers in group
homes. Requires the regulations to specify the date by which new and
current employees are required to meet the requirements. Requires DSS to
provide adequate time for current staff to meet the requirements.
8) Requires group homes providers to state in the group home's plan of
operation, the number of hours per week that the facility's administrator
will spend completing his or her duties and how those duties will be
accomplished.
a) For current licensees, requires an amended plan of operation to be
submitted to DSS within six months of the effective date of this bill.
For new applicants, the information must be included in the plan of
operation that is submitted with the application.
b) Allows DSS to review a group home's plan of operation to determine
whether it ensures that the facility will operate in compliance with
licensing laws and regulations. Allows DSS to request that a peer
review panel, consisting of departmental representatives, a qualified
group home administrator, an experienced provider, and a member from a
placing agency, review group homes' plans of operation.
9) Requires group homes to develop a daily schedule of activities for the
children at the home and have the schedule available for inspection by
DSS. Specifies that the activities must be designed to meet the needs of
the individual child based on his or her needs and services plan.
10) Requires an annual independent financial and compliance audit of foster
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family agencies and group homes. Allows DSS to determine the activities
included in the audit and the requirements to be reviewed during the
audit.
a) Requires group home programs and foster family agencies, as a
condition to receiving a rate, to submit the audit to DSS.
b) Specifies that the requirement for an independent financial and
compliance audit does not limit the authority of DSS or any county
that has a placement contract with foster family agencies or group
homes, to conduct their own audits. Clarifies that if the independent
audit meets generally accepted auditing standards, additional audit
work done by DSS must build upon the work already done.
c) Authorizes DSS to require repayment of moneys identified in the audit
report that were not expended in accordance with the law.
d) Requires DSS to promulgate emergency regulations establishing a
process for group home programs serving 12 or fewer clients to receive
financial assistance in securing the annual audit.
Comments:
1) The portions of the recommendation related to implementation of the
live-scan technology were originally in AB 67, a 1997 budget trailer bill,
but were chaptered out inadvertently.
2) The requirement for an FBI background check will impose new fiscal
pressures on all categories of CCL-licensed facilities, many of which are
already fiscally stretched and have high staff turnover rates (therefore
requiring frequent fingerprint checks) due to the low salaries they pay.
3) The child care and foster parent communities have expressed concerns over
their ability to absorb the costs of submitting a second set of
fingerprints for the FBI clearance.
4) It is unclear what is meant by "when live-scan is operational." Are we
assured live-scan will be equally accessible in all parts of the state and
available to all potential employees of licensed facilities?
5) Negotiations are continuing on the specific language requiring the
independent financial audit of group homes.
System Reform :
1) Requires DSS to work with stakeholders to re-examine the role of
out-of-home placements currently available for children served within the
child welfare services system. Specifies that the focus of the
re-examination is the role of group care within a family-based system of
care and that the process shall be based on empirical research and "best
practices" data.
2) Upon a determination of the role of group care, requires DSS to develop
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the related programmatic and administrative requirements for group care,
giving particular attention to the role of state licensing and the need
for new licensing categories.
3) Declares Legislative intent that licensing of group care should not be
based on a one-size-fits-all model, rather that options should be made
available to effectively serve children who pose a risk of flight or require
treatment interventions currently not available. Specifies the treatment
interventions as: locked perimeters, structured programs that permit
different housing arrangements, clothing restrictions and visitation
restrictions. Allows DSS to promulgate emergency regulations if it determines
that a new licensing category or categories is necessary.
4) Requires the Health and Welfare Agency (HWA) to develop a proposal,
including a work plan and time frames to complete the re-examination process,
and submit the proposal to the Legislature by February 1, 1999.
SB 933
Page 20
EXISTING LAW :
1) Establishes a statewide foster care system of county-administered services
and funding for children who have been removed from their homes by court
order. Children are eligible for payments and services until they turn 18 or
graduate from high school.
2) Allows children who are wards of the court to access foster care services
at the discretion of probation officers and judges.
3) Establishes community care facilities, including group homes for children,
to provide nonmedical care and supervision to vulnerable individuals.
4) Requires DSS to license and determine rates for group homes. Rates for
group homes for children are established according to a standardized schedule
based on staffing levels and services provided.
FISCAL EFFECT :
The Assembly Budget Committee allocated approximately $82.3 million to
implement the group home task force recommendations. The Senate Budget
Committee allocated approximately $120 million. The Governor's Budget
allocated $50 million for improvements to the child welfare services system.
REGISTERED SUPPORT / OPPOSITION :
Support
County of Los Angeles Board of Supervisors
Santa Clara County Board of Supervisors
Opposition
None on file
Analysis prepared by : Victoria Finkler and Eleanor Moses / ahumans
(916) 319-2247
29-Jun-1998 Mon 18:31
SB 933
Page 21
ATTACHMENT
WIC 16501.2
(a) The Legislature finds and declares all of the following:
(1) Safety, stability, and the permanence of families in the Child
Welfare System is of paramount importance.
(2) Ongoing assessments that build on the strength of the child and
family unit, and that identify desired outcomes are critical in the
development of appropriate case plans for children.
(3) If it is necessary to place a child in out-of-home care, the use of a
formal child and family assessment can enhance the appropriateness of
placement and the identification and delivery of services necessary
to meet the child's needs and strengths, consistent with case plan
goals.
(b) By December 31, 1998 the department shall issue to all county placing
agencies and the courts, current best practice guidelines for the assessment
of a child and the child's family unit. The guidelines shall include
recommended methods for gathering certain background information on the child
and the child's family unit, identifying appropriate services for the case
plan, and methods of monitoring and reassessing the case plan to best meets
case plan goals. For children placed in group homes or foster family
agencies, the guidelines shall include methods for identifying appropriate
placement options, and monitoring the services provided by the group home or
foster family agency to best address the strengths and needs of the child and
the child's family unit.
(c) The department shall conduct a pilot project to test the effectiveness of
utilizing best practice standards for the assessment of children and families
receiving child welfare and foster care services, for the purpose of
identifying the strengths and needs of the family and the child, developing
and monitoring appropriate case plans, and determining appropriate services.
(1) By July 1, 1999 the department shall solicit participation in the
pilot by counties, and to the extent possible, provide for broad
geographical representation. By September 1, 1999 the department shall
select pilot counties and begin operation of the pilots.
(2) The pilot shall use an assessment protocol or process developed by
the department in collaboration with county agencies and other
stakeholders.
(3) The pilot shall be evaluated independently to judge the effectiveness
of the assessment protocol or instrument, including whether the
assessment provides adequate background data on the child and the child's
family unit; improves achievement of case plan goals; is judged useful to
the counties and service providers, and can be applied with ease
SB 933
Page 22
(4) For children placed in group homes or foster family agencies, the
assessment instrument or process developed pursuant to subdivision c shall
identify the strengths and needs of the child to be met by the placement
program and methods for monitoring the delivery of services by the
placements agencies.
(5) The assessment shall be sensitive to the ethnic and linguistic
background of the children and families being assessed, and shall include,
but not be limited to the child's age, previous placement history and
specific indicators such as living situation, social, medical,
educational/vocational, emotional/behavioral, and legal cultural, and
religious history; and, areas and activities of interest
(d) In collaboration with county agencies and other stakeholders, and based on
the results of the pilot project described in this section, the
department shall develop a formal assessment process for children
receiving foster care and child welfare services. By May 1, 2001 the
department shall inform the Legislature on the status of the pilot defined
in subsection c, and the proposed assessment instrument or process with
recommendations for its implementation, including incorporation of the
assessment process into the Child Welfare Services Case Management System.
(e) Upon satisfactory completion of the pilot project described in this
section, and development of a formal assessment instrument or process, the
department in collaboration with representatives of county placing
agencies, training academies, and the California Social Work Education
Center, shall integrate training and technical assistance on the family
assessment guidelines into the curriculum of the Regional Training
Academies.
6/29/98